Aguilera
Aguilera v. Loma Linda University Medical Center
Opinion
Opinion
McINTYRE, J.
This case involves a claim for reimbursement made by California’s State Department of Health Care Services (the Department) for funds expended on behalf of an injured party by the state’s Medi-Cal program. The injured party, Ashlynn Aguilera, filed a special motion to determine the Department’s lien under Welfare and Institutions Code section 14124.76. (Undesignated statutory references are to the Welfare and Institutions Code.)
We conclude the trial court properly employed the methodology used in Arkansas Dept. of Health and Human Servs. v. Ahlborn (2006) 547 U.S. 268 [ 164 L.Ed.2d 459, 274 , 126 S.Ct. 1752 ] (Ahlborn), but erred when it refused to reduce the Department’s lien to account for the attorney fees and expenses Ashlynn incurred. As we shall discuss, the matter is remanded to the trial court to set aside the order and (1) conduct further proceedings regarding whether the cost of Ashlynn’s future at-home attendant care (attendant care) and medical care should be included in its Ahlborn calculation and (2) apply section 14124.72, subdivision (d) (14124.72(d)) to determine the Department’s share of Ashlynn’s attorney fees and costs.